Citation NR: 9729986
Decision Date: 08/29/97 Archive Date: 09/04/97
DOCKET NO. 96-05 710 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma
THE ISSUE
Entitlement to an evaluation in excess of 30 percent for
paranoid schizophrenia.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Steven D. Reiss, Associate Counsel
INTRODUCTION
The veteran served on active duty from May 1976 to June 1977.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a March 1995 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Muskogee, Oklahoma, which increased the evaluation of the
veteranís service-connected paranoid schizophrenia to 30
percent, effective from May 31, 1994. The veteran disagreed
with the determination, and this appeal ensued.
REMAND
The veteran contends, in essence, that his service-connected
paranoid schizophrenia warrants a rating in excess of 30
percent because it is more severely disabling than currently
evaluated. In support, the veteran essentially asserts that
the disability is productive of severe social and industrial
impairment.
Further, in VA Form 646 and in the Informal Hearing
Presentation, dated in May and in August 1997, respectively,
the veteranís representative contends that the veteranís
claim of entitlement to an increased evaluation for his
paranoid schizophrenia should be remanded for consideration
of the revised VA criteria for the evaluation of psychiatric
disability effective November 7, 1996; the Board agrees.
In this regard, the Board notes that effective November 7,
1996, VA revised the criteria for diagnosing and evaluating
psychiatric disabilities. 61 Fed. Reg. 52,695 (1996). On
and after that date, all diagnoses of mental disorders for VA
purposes must conform to the Fourth Edition of the American
Psychiatric Associationís Diagnostic and Statistical Manual
of Mental Disorders (DSM-IV). 61 Fed Reg. 52,700 (1996) (to
be codified at 38 C.F.R. ß 4.125). The new criteria for
evaluating service-connected psychiatric disability will be
codified at newly designated 38 C.F.R. ß 4.130. 61 Fed.
Reg. 52,700-1 (1996). The new rating criteria are
sufficiently different from those in effect prior to
November 7, 1996, that the Board finds a remand to be
warranted for purposes of reevaluating the veteranís service-
connected psychiatric disability with consideration of that
portion of the VA Schedule for Rating Disabilities (Rating
Schedule) related to psychiatric disability as it was in
effect prior to November 7, 1996, as well as with
consideration of revisions that became effective on that
date, rating the veteran under whichever is more favorable to
him. Cohen v. Brown, 10 Vet.App. 128 (1997); Dudnick v.
Brown, 10 Vet.App. 79 (1997); Karnas v. Derwinski, 1
Vet.App. 308 (1991).
Further, the veteranís representative points out that the
veteran has been hospitalized on two occasions to treat his
service-connected paranoid schizophrenia since the most
recent VA psychiatric examination, which was conducted in
July 1994. The Board concludes that this indicates that his
service-connected psychiatric disability may have worsened
since the July 1994 VA examination. As such, it is the
opinion of the Board that the July 1994 examination report
may not reflect the current severity of the veteranís
service-connected paranoid schizophrenia, and that a
contemporaneous and thorough VA examination would be helpful
to an equitable disposition of this claim.
In light of the foregoing, the case is REMANDED to the RO for
the following actions:
1. The RO should contact the veteran and
request that he provide the names,
addresses and approximate dates of
treatment for all VA and non-VA health
care providers who have treated him since
June 1993 for his service-connected
paranoid schizophrenia. With any
necessary authorization from the veteran,
the RO should attempt to obtain pertinent
treatment records identified by the
veteran which are not currently of
record. This should specifically include
any additional records of the veteranís
care at the VA medical center in Oklahoma
City, Oklahoma.
2. Thereafter, the RO should contact the
veteran and provide him the opportunity
to submit any evidence and argument in
support of this claim. The veteran
should be told that the information would
assist in the development of his claim.
3. Then, the RO should schedule the
veteran for a comprehensive VA
examination by a board certified
psychiatrist, if available, to determine
the current severity of his service-
connected paranoid schizophrenia. The
claims file must be made available to and
reviewed by the examiner prior to the
requested examination. The examiner is
requested to use a multiaxial assessment,
to assign a Global Assessment of
Functioning (GAF) Score consistent with
the fourth edition of the Diagnostic and
Statistical Manual of Mental Disorders
(DSM-IV), and to explain what the
assigned score represents. A complete
rationale for any opinion expressed must
be provided.
5. Then, in light of the additional
evidence obtained pursuant to the
requested development, the RO should
readjudicate the issue of entitlement to
an evaluation in excess of 30 percent for
paranoid schizophrenia, considering the
criteria in effect prior to November 7,
1996, as well as the new criteria for
rating psychiatric disabilities effective
November 7, 1996, rating the veteran
under whichever is more favorable to him.
Cohen, Dudnick, Karnas.
If the benefits sought on appeal are not granted to the
satisfaction of the veteran, he and his representative should
be furnished with a Supplemental Statement of the Case and
provided with an opportunity to respond. Thereafter, the
case should be returned to the Board for further
consideration, if otherwise in order. By this REMAND, the
Board intimates no opinion as to the final outcome warranted.
No action is required of the veteran until he is otherwise
notified by the RO.
U. R. POWELL
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. ß 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. ß 20.1100(b)
(1996).
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